Officer Brett Lampiris-Tremba was cleared of wrongdoing by both APD Internal Affairs and a grand jury.

But Judge Bacon ruled Wednesday that an objectively reasonable officer would not have fired.

"There were 20 other officers or more, can't tell you exactly how many were present, not one of them felt the threat that this officer felt," said Ellis.

The case could be settled out of court or go to trial.

The family’s attorney says there’s no cap on the amount of money that could be awarded to Jonelle’s nephew, now 7 years old.

"What price tag do you put on that his dad doesn't get to see him grow up, he doesn't get to coach his soccer team. He doesn't get to put him in boy scouts," she said. "You tell me if you can put a price tag on that."

Kathryn Levy, Deputy City Attorney released the following statement Wednesday afternoon:

“Detective Lampiris-Tremba and the City are disappointed in Judge Bacon’s ruling. We firmly believe the issues in this case should have been submitted to a jury for its deliberation and judgment. Prior to discharging his weapon, Detective Lampiris-Tremba reasonably perceived an imminent threat of deadly harm from Kenneth Ellis who was armed. Due to the fact that there are remaining issues going to trial, the City believes it would be inappropriate to comment further at this time.”